1430 · THE HONGKONG GOVERNMENT GAZETTE, 22ND SEPTEMBER, 1905.
which such party is entitled to or enabled to sell and assign and also to give or tender to such party a bond, under the common seal of the Promoter, with two sufficient sureties to be approved of by such Court or Judge in case the parties differ, in a penal sum equal to the sum so to be deposited, conditioned for payment to such party, or for payment into Court, for the benefit of the parties interested in such lands, as the case may require, under the provisions herein con- tained, of all such purchase-money or compensation as may in mauner hereinbefore provided be determined to be pay- able by the promoter in respect of the lands so entered upon, together with interest thereon, at the rate of six dollars per centum per annum, from the time of entering on such lands until such purchase-money or compensation shall be paid to such party or into Court for the benefit of the parties interested in such lands under the provisions hercin contained; and upon such payment by way of security being made as aforesaid, and such bond being delivered or rendered to such non-consenting party as aforesaid, it shall be lawful for the Promoter to enter upon and use such lands, without having first paid the purchase-money or compen- sation in other cases required to be paid by him before entering upon any lands to be taken by him under the provisions of this Ordinance. Provided always that, if it shall be shown to the satisfaction of the Court or a Judge that such non-consenting party as aforesaid be absent from the Colony, whether temporarily or permanently, or in hid- ing, or cannot after diligent enquiry be found, then such Court or Judge may order such bond as aforesaid to be dis- pensed with, and may authorize the Promoter to enter upon and use any of such lands after first paying into Court by way of security either the amount of purchase-money or compensation claimed by such non-consenting party, or such a sum as shall by such Court or Judge be determined upon petition in a summary way to be the value of such Jands or interest therein which such non-conseuting party is entitled to or enabled to sell or assign.
Monies to remain as a security, to be applied
under the direction of the Court.
[94.] The money so paid into Court as last aforesaid [90.] Shall remain in Court by way of security to the parties whose lands shall so have been outered upon, for the per- formance of the condition of the bond to be given by the Promoter as hereinbefore mentioned, or where such bond has been dispensed with as aforesaid, for the payment to the parties whose lands shall so have been entered upon, or for deposit in Court for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase-money or compen sation as may in manner hereinbefore provided be determined to be payable by the Promoter in respect of the lands so entered upon, together with interest thercon at the rate of six dollars per centum per umum from the time of enter- ing on such lands until such purchase-money or compen- sation shall be paid to such party, or until the money so deposited shall be deemed to be, or shall be deposited in Court for the benefit of the parties interested in such lands under the provisions herein contained and the monies so deposited in Court as in the next preceding section men- tioned may, on the application by petition of the Promoter, be ordered to be invested upon any securities or invest- ments authorized by the Court or a Judge, and upon the objects or object for which such deposit as last aforesaid was made being fully attained or satisfied, it shall be lawful for the Court, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulations thereof, to be re-paid or transferred to the Promoter, or if such objects or object shall not be fally attained or satisfied, it shall be lawful for the Court to order the same to be applied in such manter as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. [95.] If the Promoter or any of his contractors shall, [91.] except as aforesaid, wilfully enter upon and take possession of any of such lands which shall be required to be pur- chased or permanently used for the purpose of this Or- dinance, without such consent as aforesaid, or without having made such payment iuto Court as aforesaid for the The purchase benefit or security of the parties interested in the lands, the Promoter shall forfeit to the party in possession of such lands the sum of fifty dollars, over and above the amount of any damage done to such lands by reason of such entry and taking possession as aforesaid, and if the Promoter or his contractors shall, after conviction
Penalty on the Promoter entering upon lands
without con- sent before payment of
money.
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